Last chance for Bryant!

[elindholm]

Offer Marion, Lampe, and Cabarkapa in a sign-and-trade. Lampe isn't going to help the Suns this year; their summer-league scrubs look better. And Kupchak is toast if he loses Bryant for nothing at this point.

Then the Clippers match on Richarson and the Suns can use the $6 million to make a move for Dampier. Dampier/Stoudemire/Johnson/Bryant/Nash.

 

[coloradosun]

Riensdorf and Krause were supposedly in LA yesterday. Kobe said if there is a sign and trade it would be with the Bulls. He would be seen as a savior in Chicago and is using the Clippers as leverage.

 

[Djaughe]

Kobe says no to Bulls, but Clippers in running

 

[scotsman13]

i think i will still pass.

yesterday in court we found that we have a shirt of kobes with the girls blood on it that will be aloud in the case. consentual sex doesnt generally lead to blood on a shirt, rape does.

 

[Djaughe]

i think i will still pass.

yesterday in court we found that we have a shirt of kobes with the girls blood on it that will be aloud in the case. consentual sex doesnt generally lead to blood on a shirt, rape does.

ugh...not to get into guilty or not. But its already been acknowledged that she had sex with (2) guys (same guy - not yet determined) before and after kobe.

 

[scotsman13]

ugh...not to get into guilty or not. But its already been acknowledged that she had sex with (2) guys (same guy - not yet determined) before and after kobe.

do you understand that the judge is going to uphold the rape shield law. which states that any sex acts that she had before cant be brought into the case. this case is going to come down to he said she said and with her bruses and her blood on his shirt there is a very strong chance that he will be playing for the colorado prison team next year.

 

[Kolo]

do you understand that the judge is going to uphold the rape shield law. which states that any sex acts that she had before cant be brought into the case. this case is going to come down to he said she said and with her bruses and her blood on his shirt there is a very strong chance that he will be playing for the colorado prison team next year.

______________

Not to be a jerk, but unless you understand at least a smidgen about criminal law and the facts already "established" in various pretrial motions and oral arguments in this case, don't try to sound like you know what you're talking about.

 

[scotsman13]

first of all i do understand just a smidgen about law. even more important is that i do understand what rape does to a person. so lets look at a couple of things here.

rape shield law that colorado has is in place to insure that the only issue in the case is did woman say "no" or was unable to say "yes". where the person was a virgin or had sex with 30 people 20 minutes before the act isnt an issue. what is the issue is does she has the right to tell someone "no" and did she have that right taken from her.

rape isnt about sex. rape is about power. it is someone else forcing someone to do something they didnt want to do. because of this it is generally an act that causes a great deal of emotional damage to the person who has this act committed against they. after a rape a great many people develop the feeling that sex is their only worth. as such within a short time after a rape you can find rape victoms that have sleep with 50 or more partners. i dated a girl who had been raped years before and let me tell you as you start to build up trust with them and find out how deep the hurt goes and how much damage that was done you will never forget it and find that you have very little forgiveness for rapest.

one more thing is that most rapes are not reported and the ones that are reported have a low conviction rate because "it was just sex, and she wanted it" or it gets to be a he said she said.

rape is a crime that leave mark for many many years afterwords. rape is simply put one of the worst crimes that one person can committed against another.

 

[Djaughe]

do you understand that the judge is going to uphold the rape shield law....

True. However too general of a statement not to add a couple of more tidbits.

She (victim) does not have to testify about her past - fine.

However, the prosecutions own testing has revealed there were multiple partners before and after kobe. Also any person can be brought in to testify if the aledged victim spoke to them about her relationship - and she has been singing like a canary to her supposed friends.

 

[jbeecham]

first of all i do understand just a smidgen about law. even more important is that i do understand what rape does to a person. so lets look at a couple of things here.

rape shield law that colorado has is in place to insure that the only issue in the case is did woman say "no" or was unable to say "yes". where the person was a virgin or had sex with 30 people 20 minutes before the act isnt an issue. what is the issue is does she has the right to tell someone "no" and did she have that right taken from her.

rape isnt about sex. rape is about power. it is someone else forcing someone to do something they didnt want to do. because of this it is generally an act that causes a great deal of emotional damage to the person who has this act committed against they. after a rape a great many people develop the feeling that sex is their only worth. as such within a short time after a rape you can find rape victoms that have sleep with 50 or more partners. i dated a girl who had been raped years before and let me tell you as you start to build up trust with them and find out how deep the hurt goes and how much damage that was done you will never forget it and find that you have very little forgiveness for rapest.

one more thing is that most rapes are not reported and the ones that are reported have a low conviction rate because "it was just sex, and she wanted it" or it gets to be a he said she said.

rape is a crime that leave mark for many many years afterwords. rape is simply put one of the worst crimes that one person can committed against another.

Sounds like you're ready to convict anyone and everyone accused of rape whether they're guilty or not........

I don't know if Kobe is guilty or not, but I'm going to let the court determine it.

 

[Djaughe]

...one more thing is that most rapes are not reported and the ones that are reported have a low conviction rate because "it was just sex, and she wanted it" or it gets to be a he said she said.....

Good points however the best laws in the world can't protect how inept and poorly the colorado DA and police department has handled this case and thereby help contribute to ruining her life.

 

[scotsman13]

However, the prosecutions own testing has revealed there were multiple partners before and after kobe. Also any person can be brought in to testify if the aledged victim spoke to them about her relationship - and she has been singing like a canary to her supposed friends.

the shield law means that pass sex cant not be used as a issue in the case. period. almost everything we have heard is about her past has come from the defense for kobe. dont you think that would be just a little one sided?

 

[elindholm]

the shield law means that pass sex cant not be used as a issue in the case.

Dude, if same-day sex directly undermines the relevance of the prosecution's evidence, of course it can be used.

 

[Djaughe]

the shield law means that pass sex cant not be used as a issue in the case. period. almost everything we have heard is about her past has come from the defense for kobe. dont you think that would be just a little one sided?

Not true - the victim can't be compelled to testify.

However, if she reports her activities to the police during an investigation and then adds another guy after DNA tests reveals a third person - then those results become admissiable. The prosecution cannot selectively admit one's DNA while igonoring others. The police would have to explain why the first guy was not a suspect. The police and DA will have to figure out how to explain who the 3rd guy is...this is all stuff not easily protected by the shield law.

Again the law and intent are there - the incompetence of the DA and the police will put a dent in it.

Also btw...A private cell-phone text message exchange between the basketball star’s accuser and her ex-boyfriend has been ruled “relevant for discovery” in the case, and Judge Terry Ruckriegle has ordered it released to the defense and prosecution.

 

[Kolo]

the shield law means that pass sex cant not be used as a issue in the case. period. almost everything we have heard is about her past has come from the defense for kobe. dont you think that would be just a little one sided?
________

Scotsman, that's simply untrue . Without getting too into it--I don't have time, and it was four years ago that I last studied it in depth--there exists under the rape shield law a presumption that sex by the accuser both before and after the alleged rape is irrelevant. There are myriad exceptions to the law, and a judge granting an exception doesn't mean he's not upholding the law--merely that he's interpreting it.
If the accuser had consensual sex within 12 hours after the alleged rape, the judge might consider that fact relevant and permit its admission into evidence. A criminal law atty friend of mine told me he thinks it'll probably be admitted. If she had sex immediately before the alleged rape and there is expert testimony that the "form" of consensual sex she had is consistent with the injuries she sustained during the alleged rape, the judge might consider that fact relevant and admissible. That evidence will almost certainly be admitted.
Kobe will not be found guilty. He will have an expert to testify that the injuries she sustained (which are miniscule, by the way) are consistent with *********** sex. He will have another expert to testify that the injuries typically would create the amount of blood which was found on his shirt--a speck, mind you, not visible to the naked eye. He will have an expert who will testify that the behavior of the accuser--without regard to sex immediately after the alleged rape--is inconsistent with that of a woman who actually was raped. More importantly, perhaps, I'd bet there will be a juror--male or female--who understands that certain guys don't "fit" real well in certain girls. Certainly the argument will be made, probably by Kobe himself. If I was Kobe's atty, he'd be on the stand talking about how big he is and how small she was, and how he didn't know she wanted him to stop until she tried to move his hands off her neck. He didn't have an orgasm for God's sake. That fact alone might get him off (no pun intended).
This woman will have to take the stand, and any atty worth a damn would tear her to shreds, and certainly Kobe's attorneys will. Does that mean Kobe didn't rape the girl? No, and I have no idea whether he did. But what really happened and what a prosecutor can prove happened are two entirely different things.

Back to work.

 

[sunsfn]

ugh...not to get into guilty or not. But its already been acknowledged that she had sex with (2) guys (same guy - not yet determined) before and after kobe.

I was sure I read that after investigating this, it was not true.?

 

[Kolo]

Not true - the victim can't be compelled to testify.

_______

Yes, she will. She isn't a victim--she's an accuser, and every defendant has a right to confront his accuser. The accused doesn't have to testify in his own defense, but Kobe probably will, depending on how the prosecution's case goes.

 

[Djaughe]

I was sure I read that after investigating this, it was not true.?

The DNA tests are out there and confirmed in court records (pre trial). The prosecution has chosen not to retest the DNA.

 

[scotsman13]

Sounds like you're ready to convict anyone and everyone accused of rape whether they're guilty or not........

I don't know if Kobe is guilty or not, but I'm going to let the court determine it.

i dont know that kobe is guilty or not at this point and i am willing to hear how the case unfolds. but from then things i have heard and read and my understanding on the laws i would say that there around a 30% chance of a conviction. and about another 20% that he gets off but the case makes him look so bad that he will have no marketing value and a lot of fan would strike out on a team that even had him.

now anyone convicted of a rape should face death.